Perfect summary of the Discussion of Civil
|School||China University of Political Science|
|Keywords||Civil procedure Summary procedure Defect Improvement|
In recent years, people’s courts at all levels concluded the number of various types of civil cases in order to increase the rate more than ten per cent per annum. A substantial increase in cases of trial of strength caused by a corresponding lack of the judiciary overwhelmed the case. In this case, the simple rapid economic summary procedure in civil naturally applies to the judiciary to act as a large number of "cases of valve". As a kind of civil procedure which is parallel and independent to the common procedure of civil case, the simple procedure of civil case has the characteristics that the litigation cost is lower, the period is shorter, the litigation field of the International community. However the current lack of relevant legislation in China leads to the confusion and the specific operations on their own in the judicial practice and ultimately makes it deviated from the two basic proceeding objectives of justice and benefit. This article examines the regulations for it in some foreign countries and region, and analyses in detail the main problems of it in our country. And then the author puts forward his opinion on the summary procedure for civil lawsuit in our county.The whole article is divided into four parts altogether:The first chapter is mainly an overview of simple procedures. Mainly elaborated at home and abroad on the interpretation of the concept of civil summary, summary of the significance of the establishment of the scope of summary procedure and summary procedure is different from the ordinary procedure characteristics.The second chapter is the major countries (regions) to the relevant provisions of the civil summary introduction. And the United Kingdom, the United States, Germany, Japan and Taiwan region of China’s civil summary of the comparative analysis of the relevant provisions in order to scope of application of China’s civil summary of reform and improvement of learning to play the role.The third chapter mainly analyzes the summary of the status quo in China. Through our provision of the legislation on the summary procedure, one can see my summary of the provision is far too sketchy, and in judicial practice, summary procedures have their own ways of chaos. In this part, the author of China’s judicial practice program runs in the summary status of depth.The fourth chapter is mainly to reform and improve the idea of China’s civil summary. This section first emphasis of China’s Civil summary values:effectiveness of the proceedings and proceedings just coordination, costs are fairly principle of rational allocation of judicial resources to conduct the type of dispute processing and timely trial, on this basis, combined with the experience of extraterritorial improve China superficial summary of the proposal.